[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.brodenmickelsen.com\/blog\/pretrial-motions-strategies-texas-criminal-defense\/#BlogPosting","mainEntityOfPage":"https:\/\/www.brodenmickelsen.com\/blog\/pretrial-motions-strategies-texas-criminal-defense\/","headline":"Pretrial Motions and Strategies in Texas Criminal Defense","name":"Pretrial Motions and Strategies in Texas Criminal Defense","description":"Criminal defense cases are complex legal battles requiring meticulous preparation and strategic thinking. Behind the scenes of every trial lies a critical phase that can significantly influence the course of the proceedings: the pretrial motions stage. An experienced Texas criminal defense lawyer from Broden & Mickelsen, LLP can explain pretrial motions and when we may...","datePublished":"2023-09-26","dateModified":"2025-06-12","author":{"@type":"Person","@id":"https:\/\/www.brodenmickelsen.com\/blog\/author\/kissprblog\/#Person","name":"Broden & Mickelsen, LLP","url":"https:\/\/www.brodenmickelsen.com\/blog\/author\/kissprblog\/","identifier":11,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/bd70e3cfe21ebfb97a169f95da73c8b9fdb6accce8b9ecb2173146feb882a8ea?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/bd70e3cfe21ebfb97a169f95da73c8b9fdb6accce8b9ecb2173146feb882a8ea?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Broden, Mickelsen LLP","logo":{"@type":"ImageObject","@id":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2022\/08\/Broden-and-Mickelsen-Logo.png","url":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2022\/08\/Broden-and-Mickelsen-Logo.png","width":378,"height":77}},"image":{"@type":"ImageObject","@id":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2023\/09\/Pretrial-motions.jpeg","url":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2023\/09\/Pretrial-motions.jpeg","height":555,"width":940},"url":"https:\/\/www.brodenmickelsen.com\/blog\/pretrial-motions-strategies-texas-criminal-defense\/","about":["Criminal Defense Attorney"],"wordCount":477,"articleBody":"Criminal defense cases are complex legal battles requiring meticulous preparation and strategic thinking. Behind the scenes of every trial lies a critical phase that can significantly influence the course of the proceedings: the pretrial motions stage.An experienced Texas criminal defense lawyer from Broden & Mickelsen, LLP can explain pretrial motions and when we may file them. Below, we describe common types of pretrial motions and how they can affect the trajectory of a Texas criminal case.What Is a Pretrial Motion?A pretrial motion is a formal request the prosecutor or defense attorney makes to the court before a trial. These motions may address specific legal questions, procedural matters, or other issues that could affect the course of the trial.Pretrial motions can significantly alter the course of a case, sometimes resulting in a case\u2019s dismissal. Attorneys often use pretrial motions to put a client in the most favorable position before trial.When Do Attorneys Present Pretrial Motions?Attorneys seeking the court\u2019s decision on a matter critical to the case submit a pretrial motion in writing. Then, they may present pretrial motions at pretrial hearings before a judge. Under the Texas Criminal Code, motions must be filed at least seven days before a pretrial hearing unless there is an exception for good cause.Attorneys must carefully consider the timing of presenting pretrial motions to ensure they meet court deadlines and procedures and support their client\u2019s best interests.Most Common Types of Pretrial Motions in Criminal Cases in TexasThe most common types of pretrial motions include the following:Motion to suppress evidence \u2013 This motion seeks to exclude specific evidence from being presented during the trial, often on the grounds that the police lacked probable cause, illegally obtained the evidence, or otherwise violated the defendant’s constitutional rights.Motion to compel evidence or testimony \u2013 This motion requests the court to order the opposing party to produce certain documents, evidence, or testimony they have refused to provide during the case’s discovery phase.Motion to dismiss charges \u2013 This motion asks the court to dismiss some or all the charges based on legal grounds, such as lack of evidence.Seek Legal Guidance from a Criminal Defense Attorney on Pretrial MotionsA skilled criminal defense attorney can use pretrial motions to their client’s advantage, directly impacting a case’s course. These motions often create opportunities for favorable outcomes and protect a client’s rights.If you are facing criminal charges in Texas, the board-certified criminal defense attorneys at Broden & Mickelsen, LLP can help. With over 60 years of combined criminal defense experience, we are adept at filing pretrial motions that produce successful outcomes. Our lawyers safeguard your rights, challenge the prosecution\u2019s case, and advise you of your rights. Contact Broden & Mickelsen, LLP today to speak with one of our experienced Texas criminal defense attorneys."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.brodenmickelsen.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Pretrial Motions and Strategies in Texas Criminal Defense","item":"https:\/\/www.brodenmickelsen.com\/blog\/pretrial-motions-strategies-texas-criminal-defense\/#breadcrumbitem"}]}]